You’re getting divorced for a reason. You may feel like alimony is like pouring salt in the wound. Thankfully, New Jersey requires some very specific guidelines be met which can ultimately protect you from paying too much, for too long.
In 2014 New Jersey Governor Chris Christie signed a bill designed to reform the alimony system in our state. Many of these reforms will benefit you as we seek to negotiate your alimony obligation (if any). A few things you should know about this law: you need to worry about what was referred to as “permanent” alimony – court-ordered payments that could last for years and years. In fact, if you have been married less than 20 years, your alimony payments should not exceed the number of years you have been married and may even be significantly less.
What if you lose your job? Not to worry. If you are out of work for three months, we can petition the court to reduce your alimony payments and child support, where in the past you would have to wait at least 6 months.
The first thing we do is to determine what the equitable distribution of your marital property – assets you built together and debts you incurred while married. This is where we split the pie and negotiate who owes what and what assets you will split. Traditionally alimony enters the picture if, for example, your spouse put their career on hold to take care of the children by serving as the stay-at-home parent. Remember that alimony is not meant to penalize you, but to help your spouse to get back on her feet post-divorce.
It is possible you might have to pay what is called Pendente Lite Alimony – temporary alimony – until your divorce is finalized. The good news is that New Jersey no longer supports permanent alimony so working with me to negotiate your alimony payment will be critical. There is a lot more to it than plugging a few numbers into an “alimony calculator.” I can help you review your options and negotiate terms that won’t break the bank on the lifestyle you are used to living.
Since every situation is unique and different, you should know there are a number of factors the courts use to determine what you will pay and for how long. In new Jersey there are thirteen factors that courts use in determining the alimony amount and how long you will pay. These factors include the length of the marriage, as well as your age, your spouse’s age, and each of your levels of physical health.
Yes, if the financial and lifestyle circumstances allow, either spouse can be awarded alimony.
Sometimes alimony is short-term, lasting only through the divorce, and sometimes it can be very long-term. There are certain factors that will always end alimony, so it isn’t necessarily permanent.
Alimony is calculated based on the income and earning potential of both spouses in addition to other lifestyle factors. It is different for every couple.
If you may be paying or receiving alimony, it can be more beneficial to focus on estimating your own alimony. A family law attorney can help you with your estimates.
Alimony will end when the paying party retires, when there is a drastic change in the financial circumstances of a party, or when one spouse is cohabitating with someone new.
Alimony does stop when one spouse is cohabitating with someone new, but the definition of cohabitation is subjective and determined by shared finances, length of relationship, and other factors.
Based on his work as a litigator, Brad has earned numerous successful results, including successfully arguing the lead case in New Jersey divorce law defining the laws concerning limited duration alimony and its modification. In addition to his litigation and negotiation experience, Brad also has extensive training and experience in the alternative dispute resolution (ADR) processes. After serving as a mediator for the Attorney General’s Office in Delaware, he received certification as a mediator through the Superior Court of New Jersey. He later received an invitation to serve as a commercial arbitrator from the Assignment Judge, Union County, New Jersey.
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The Micklin Law Group, LLC serves the cities of Bayonne Belleville, Bergen County, Bloomfield, Brick Township, Bridgewater Township, Camden, Cherry Hill, Cliffside Park, Clifton, East Orange, Edison, Elizabeth, Guttenberg, Hackensack, Hamilton Township, Hoboken, Hudson County, Lakewood, Jersey City, Livingston, Montclair, Mount Laurel, Morris County, Morristown, New Brunswick, Newark, North Bergen, Nutley, Paramus, Parsippany Troy, Passaic, Paterson, Roseland, Roselle, Rosewood County, Saddle Brook, Secaucus, Shore Hills, Trenton, Toms River, Union City, Washington Township, West Caldwell, West New York, West Orange, Westfield, Woodbridge in New Jersey who are facing divorce, separation or other family law issues. We are also easily accessible to surrounding cities throughout New Jersey.
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